S-05-138 staff decision.pdfCITY OF EDMON:I S
121 - 5TH AVENUE NORTH, EDMONDS, WA 98020
PLANNING DIVISION
FINDINGS, CONCLUSIONS, AND DECISION
To: File S-05-138
From,
enniler Wit g v -tanner
Date: January 11, 2006
File: S-05-138
Applicant: Sofeea Koures-Huffman
TABLE OF CONTENTS
Section Page
I.
INTRODUCTION ....................„.., .........,....,,...........................„.....,,......,„......,....,.....,.2
A. Application . —.... ......... ..................... ...............„..,.................... ............ ,... ................. ......2
B. Decision on Subdivision...................................................................................................................2
II.
FINDINGS OF FACT AND CONCLUSIONS................................„...........„,.....................3
A. Compliance with the Subdivision Ordinance- ..... .... ..... ......... .„...,.., ...... ,... ..,,,.. , ... ,...,„...3
B. Compliance with the Comprehensive Plan ........... ......... ......... ............ --.„ ....,.,.. ............. 4
C. Compliance with the Zoning Code.,.,,., ............. ......... ........................ --- ...... 5
D. Compliance with the Flood Plain Management Provisions-- .............. -- 5
E. Environmental Assessment ............................. .......„.. .,....... ..................... 5
F. Critical Areas Review ...... .........-.....,,.„,.„..„..,. ..,............... .,....... ..,............. ---5
G. Comments—,--.. ..... -..„.... ...... ......... .......... ......... ..„.....„ ...... ,..... .,...... ..„„---- .... .5
III.
RECONSIDERATIONS AND APPEALS ................... ............................ .....................5
A. Request for Reconsideration— . .... ........„ .................. , ......„. ........ ......... ......,.. ,...,---5
B. Appeals ........................... ......„.. ,....... .. ..,..... ....,.....„.,........ ........... ....., ,.„.,..., ..............6
C. Time Limits for Reconsideration and Appeals ..... ....... .......... ......................_,..,.,..,,..6
IV.
LAPSE OF APPROVAL ....... .................. ....................... ....,... ..............., ....... ,..,,....6
V.
NOTICE TO COUNTY ASSESSOR... ....... ................. ........---- ................ .........6
VI.
APPENDICES ........................................... .....,...... ........--- .............. .,...... .....,..6
VII.
PARTIES OF RECORD ...................... ............ .,,..,......... ,,......, .,....., ....... ....... ....., ,.........6
Sofeea Koures-Huffman
File No. S-05-138
Page 2 of 6
I. INTRODUCTION
The applicant is proposing to subdivide one lot addressed as 21108 Highway 99 into two lots (Attachment 1),.
The site is located in a General Commercial (CG2) zone that does not require a minimum lot area. See the
Zoning and Vicinity Map for reference (Attachment 2). The proposed lot layout is shown on the subdivision
map (Attachment 3). The subject property is currently built -out. The existing restaurant is to remain on
proposed Lot 1, and the two existing houses are to remain on proposed Lot 2.
A. Application
1. ��pliczlti',: Sofeea Koures-Huffinan
2. SiteLocation: 21108 Highway 99 (see Attachment 2).
3.Lgest,: To divide one lot with a total area of 22,651 square feet into two lots in a General
Commercial (CG2) zone (see Attachment 3).
4. Review Process: Following the Comment Period, Planning Staff makes an administrative
decision.
5. major Issues:
a. Compliance with Edmonds Community Development Code (ECDC) Section 16.60.020,
site development standards for the CG2 zone.
b. Compliance with Edmonds Community Development Code (ECDC) Title 18, public
works requirements.
c. Compliance with Edmonds Community Development Code (ECDC) Section 20.75,
subdivision requirements.
d. Compliance with Edmonds Community Development Code (ECDC) Section 20.95,
staff review requirements.
Note: All code sections referenced in this report can be viewed via the City's website at
www.ci.edmonds.wa.us.
B. Decision on Subdivision
Based upon the Findings of Fact and Conclusions, and Attachments submitted with the application
and during the comment period, the following is the decision of the City of Edmonds Planning
Division:
The subdivision as proposed is APPROVED with the following conditions:
1. Prior to recording, the applicant must complete the following requirements:
a) Make the following revisions to the plat:
(1) Add to the face of the Plat: "Conditions of approval must be met and can be
found in the final approval for the short subdivision located in File S-05-138
in the City of Edmonds Planning Division."
(2) Include on the plat all required information, including owner's certification,
hold harmless agreement, and staff s approval block.
(3) Show all easements, including any through the adjacent property to the
south for the purpose of garbage pickup on proposed Lot 1.
b) Make sure all documents to be recorded meet the Snohomish County Auditor's
requirements for recording, including all signatures in black ink.
c) Submit copies of the documents to be recorded for the Planning Division and
Engineering Division's approval. Once approved, the applicant must record the
documents with Snohomish County Auditor's office.
d) Submit an updated copy of the title report (short plat certificate) with the documents
proposed to be recorded.
Sofeea Koures-Huffman
File No. S-05-138
Page 3 of 6
2. After recording the plat, the applicant must complete the following:
a) Provide the City Planning Division with two copies of the recorded plat, with the
recording number written on them. The City will not consider the subdivision to
have been completed until this is done.
II. FINDINGS OF FACT AND CONCLUSIONS
A. Compliance with the Subdivision Ordinance
Introduction
a. Setting:
The subject property at 21108 Highway 99 is located in the General Commercial (CG2) zone
(Attachment 2). The surrounding properties on the west side of Highway 99 are also zoned
General Commercial (CG2) and are developed with mostly commercial uses; however, there
are two single family residences located along 70`" Avenue West, south of the subject
property. The properties across Highway 99 from the subject property are located outside of
the City's jurisdiction.
b. TlWol)ralX and Vq
The subject site is relatively flat throughout, except for a small hill sloping downwards from
west to east between the existing houses and the existing restaurant. There is not much
landscaping on the site. The site is almost entirely paved between Highway 99 and the
existing restaurant. There is some grass on the north and west sides of the restaurant;
however, much of this grass has been torn up for expansion of the restaurant. There is grass
on the west side of the existing houses. There are a couple of shrubs on the site; however,
there are no trees.
C. Lot.1.a QlLt:
The proposed lot layout is shown on the subdivision map (Attachment 3). The property is
currently built -out. The existing restaurant, Cafe Neo, will remain on Lot 1. This lot will be
accessed via the existing access point off ol'Flighway 99. The two existing residences will
remain on Lot 2. These lots will be accessed by the existing driveways off of 7V, Avenue
West.
2. Environmental Resources
a. The subdivision chapter, ECDC 20.75.085, states that a proposed subdivision should be
designed to minimize significant adverse impacts where environmental resources exist (such
as trees, streams, ravines, or wildlife habitats). There are no apparent environmental
resources on this site; therefore, the proposed subdivision should not have a significant
adverse impact.
b. The proposal minimizes grading because the restaurant and both existing houses will be
served by existing driveways. There is an existing parking lot on proposed Lot 1 to serve the
existing restaurant. The subject site is already built -out, and therefore, no additional grading
is required.
C. No hazardous conditions, such as flood plains, steep slopes, or unstable soil or geologic
conditions exist at this site.
d. A drainage plan must be submitted to the Engineering Department if a building permit is
applied for on this site. Any proposed development on the site should be designed to
minimize off-site impacts on drainage. All new impervious surfaces must be connected to a
detention system.
e. Views in this location are local and will not be changed by this proposal.
Sofeea Koures-Huffman
File No, S-05-138
Page 4 of 6
3. Lot and Street Layout
a. This criteria requires staff to find that the proposed subdivision is consistent with the
dimensional requirements of the zoning ordinance and that the lots would ultimately be
buildable. Based on a review of the project and the analysis in this section, staff agrees that a
two lot short -plat is a reasonable use of the property.
b. Lot sizes and dimensions:
Loi Area.- There is no required lot area in the CG2 zone; therefore, the proposed lots meet
this requirement.
Lot Width: There is no required lot width in the CG2 zone; therefore, the proposed lots meet
this requirement.
4. Setbacks and Lot Coverage
a. In order to approve a subdivision, the proposal must meet all requirements of the zoning
ordinance, or a modification must be approved. Based on the development standards for the
CG2 zone, setbacks for the lots should be as follows:
Lot 1: Street Setback (15 feet): From the east property line (Hwy 99).
Lot 2: Street Setback (15 feet): From the west property line (70th Ave. W).
Note: There are no required minimum side or rear setbacks for the CG2 zone because the
subject property is not adjacent to RM or RS zoned property.
Existing Structures / Encroachments: The existing restaurant is proposed to be retained on
Lot 1. The two existing houses are proposed to be retained on Lot 2. All existing structures
meet the required minimum setbacks.
b. Corner Lots: Neither of the lots is considered a corner lot.
C. Flag or Interior lot determination: Neither of the lots is considered a flag lot.
d. Maximum Floor Area of Existing Buildings on Proposed Lots:
1.) There is no maximum floor area for the CG2 zone. Therefore, the proposed lots meet
this requirement.
5. Dedications
a. None required.
6. Improvements
a. None required.
7. Flood Plain Management
a. This project is not in a FEMA designated Flood Plain.
B. Compliance with the Comprehensive Plan
1. Comprehensive Plan Goals and Policies:
The Comprehensive Plan has the following stated goals and policies for the Highway 99 corridor
that apply to this project.
Sofeea Koures-Huffman
File No. 5-05-138
Page 5 of 6
highway 99 Corridor
Goal. Encourage a variety of uses and building types. A variety of uses and
building types is appropriate to take advantage of different opportunities and
conditions.
Policy:
B. 5. Protect residential qualities and connect businesses with the local
community.
2. Compliance with the Highway 99 corridor goals and policies: The proposal will retain two
existing houses and an existing restaurant, thus retaining the current variety of uses in the subject
area. No changes to the existing conditions are proposed as part of this application; therefore, the
overall proposal should not cause any adverse impacts and appears to be consistent with the
Highway 99 corridor goals and policies. The natural environment does not provide too many
constraints in this area.
C. Compliance with the Zoning Code
1. The proposed subdivision complies with the provisions of the Zoning Code. See sections II.A.3
and II.A.4 of this document.
D. Compliance with the Flood Plain Management Provisions
1. The proposed project is not in a Flood Plain.
E. Environmental Assessment
1. Is this site within a shoreline area (within 200 feet of the ordinary high water mark of the Puget
Sound)? No.
2. Is an Environmental Checklist Required for this application? No. If more than 500 cubic yards
of grading will be required, an Environmental Checklist is required. At this point in time, no
grading is proposed.
F. Critical Areas Review
Critical Areas Review numbers: CA -1994-0115.
Results of Critical Areas Reviews: The subject property does not appear to contain any critical
areas as defined by ECDC 23.40. As a result, a waiver from the requirement to complete a study
was issued.
G. Comments
No public comment letters were received during the review of this proposal.
III. RECONSIDERATIONS AND APPEALS
The following is a summary of the deadlines and procedures for filing reconsiderations and appeals. Any
person wishing to file or respond to a recommendation or appeal should contact the Planning Department
for further procedural information and fees.
A. Request for Reconsideration
Section 20.100.010.G allows for City staff to reconsider their decision if a written request is filed
within ten (10) working days of the posting of the notice required by this section. The
reconsideration request must cite specific references to the findings and/or the criteria contained in
the ordinances governing the type of application being reviewed.
Sofeea Koures-Huffman
File No. S-05-138
Page 6 of 6
B. Appeals
Section 20.105.040 and 20.105.020 describes how appeals of a staff decision shall be made. The
appeal shall be made in writing, and shall include the decision being appealed along with the name
of the project and the date of the decision, the name of the individual or group appealing the
decision, their interest in the matter, and reasons why the appellant believes the decision to be
wrong. The appeal must be filed with the Community Development Director within fourteen (14)
calendar days after the date of the decision being appealed.
C. Time Limits for Reconsideration and Appeals
The time limits for Reconsiderations and Appeals run concurrently. If a request for a
reconsideration is filed before the time limit for filing an appeal has expired, the time "clock" for
filing an appeal is stopped until a decision on the reconsideration request is completed. Once the
staff has issued his/her decision on the reconsideration request, the time clock for filing an appeal
continued from the point it was stopped. For example, if a request is filed on day 5 of the appeal
period, an individual would have 9 more days in which to file an appeal after the staff issues their
decision on the reconsideration request.
IV. LAPSE OF APPROVAL
Section 20.075.100 states, "Approval of a preliminary plat or preliminary short plat shall expire and have
no further validity at the end of five years, unless the applicant has acquired final plat or final short plat
approval within the five-year period."
V. NOTICE TO COUNTY ASSESSOR
The property owner may, as a result of the decision rendered by the staff, request a change in the valuation
of the property by the Snohomish County Assessor's Office.
VI. APPENDICES
Attachments:
1. Application
2. Vicinity / Zoning Map
3. Subdivision Map
VII. PARTIES OF RECORD
Planning Department
Sofeea Koures-Huffman
21108 Highway 99
Edmonds, WA 98026
Shannon Meline
1396 Williams Lane
Madisonville, TX 77864
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T' e "—dcrsigiied applicant, and his/her/its heirs, and assilms, in consideration on the processing of the application
r._rees to release, indemnify, defend and hold the City of 1-sdmonds harmless from any and all damages, including
,casonable attorney's fees, arising from any action or infraction based in whole or pari upon false, misleading,
f inaccurate or incomplete information furnished by the applicant, his/her/its agents or employees.
By my signature, I c6dify that the information and exhibits herewith submitted urc true and correct to the best of my
knowledge and that 1 am authorized to file this a pplic3k)'On tS the l half )f the owner as listed below,
t \ATliP.I; OP APPLICANT/AGENT � �r: ^_ µ DATE
T roperty Owner's Atiti'turuatwn
l<v my signature, 1 certify that I have authorized the above Applicant/Agent to apply for the subject land use
n �iication, and grant my permission for public officials and the staff of the City of Edmonds to enter the, the
property for the purposes of inspection and posting attendant to this application.
Si GNATt)REOFOWNER .._...................._. 1 J ,._ ....M,........-m—,DATE.,,°. ...m...mm_ ._.,-. _.....,»
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"Phis application form was revised on 1/27/00, To verify whether it is still current, call (425) 771-0220.
L:'d,13RARY\PIANNINGV orms & iwwoutsv4iblic I lanLlouLcV and Use ApplicutiunAm
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Attachment 3